How does the historical

(un)democratic context affect the

perception of free speech in
contemporary art?
An analysis of Spain´s limitations to contemporary
free speech in art based on its dictatorial and post
dictatorial transitional history.

Marina Cortés Calle

MFA Curating FTPT1
4445 words

4
Table of contents

-Abstract
6

-Introduction
6

-The Dictatorship in Spain: The Artistic Censorship

7

-The Spanish Democratic Transition and its Consequences for

9
Contemporary Free Speech

-Conclusion
12

-Bibliography
13

5
Abstract
In the essay, I analyze the effects of Francoist dictatorship and subsequently La
Transición that inherited many elements from its dictatorial past over Spanish
contemporary free speech through a contemporary analysis of Berlanga´s The
Executioner and the exhibition El Soberano y La Bestia at MACBA. In this essay, I
demonstrate that how the poorly resolved Francoist dictatorial past along with the
inherited monarchical structures from La Transición have contemporary impacts and
pose numerous challenges to free speech in contemporary art. I will analyse the
characteristics of the censored artistic content and the processes of censorship under
Francoist´s regime and the legacy of censorship in contemporary Spain. I argue that in
Spain free speech has never been co-opted by the right as subversive means because
the dictatorial legacy is still present and the right to free speech has never been
intrinsic to neither the history of or the democracy of the country.

Introduction
Growing up in between radically different cultures; Spain, Brazil and United States, I´ve
always attempted to make connections as to better associate and reconciliate aspects
of their histories and cultures I didn´t understand. Obviously, the easiest association
learnt in school was the colonialist and imperialist links, specifically, those created
during the Cold War, that have heavily impacted both the geopolitical power relations
as well as the national cultural and political histories affecting contemporary
institutions and social thought. For example, far from its differences, I found very
interesting correlations between the relation to memory, politics, education, laws and
social perception of Spain and Brazil based upon their recent rightist military dictatorial
histories supported by United States. From a loose effort to reconciliate with their
dictatorial past and the preservation of streets and towns’ names paying homage to
members of the military dictatorships such as Avenida de Humberto de Alencar
Castelo Branco or Llanos del Caudillo to the consolidation of Catholicism in Spain and

6
Evangelicalism in Brazil during their respective dictatorship as active collaborators
against “the communist threat” which rendered them massive influence on today´s
social, cultural and political spheres; they display a close resemblance in their social
fabric as resulting from similar denominators. That common denominator was
undeniably the effect of fascism and USA´s imperialism on the creation of dictatorial
regimes; and while is worth mentioning that the Francoist dictatorship was more
effected by European fascism; specially tied to German Nazism and Italian fascism, The
Pact of Madrid showed close ties between United States and Spain and American
support of Francoism.
These histories resulting by different strategic power dynamics during the Cold War
have radically shaped contemporary culture and social ontologies. As I am specifically
concerned with the right and concept of free speech because some members of my
family were forced into exile during the Francoism, I became more interested in
analyzing how dictatorial histories in the 20th century vs democratic regimes and
power dynamics during the Cold War impacted contemporary rights and concerns
around free speech and the way in which it is politized and enforced.
At a Frieze roundtable discussion “Freedom at the Expense of Others”1 with Hannah
Black, Howie Chen, Jamillah James, Ajay Kurian and Suhail Malik on the troubling
legacies of Avant-Garde, the history of free speech in America and the co-opting of
freedom of expression by the far-right in contemporary art, Ajay Kurian argues that
reactionary forces’ utilization of the concept of free speech isn´t just symptomatic of
degradational, it´s foundational. For Kurian, to even speak of the Bill of Rights or the
First Amendment is to speak of the origins of a double-standard and failed democracy,
a free speech that was only offered to a vast white majority in a position of power,
hence the contemporary rhetoric by the right of censorship in the arts and the co-
opting of free speech is inherently contradictory to the essence of free speech which
was validated by the oppressed minority to undo despotism of absolute power and
establish a collective sense of what the right thing to do would be. Jamillah James and
Howie Chen follow to further unpack the problematic decontextualization of free
speech from its origins, the conflation of “free spirit” of art with neoliberalism and the
balancing of equal moral grounds of fascism with any other opinion in the name of
“free speech”. In America, the concept of free speech is completely tied to the First
Amendment, democracy and self-governance. And that is because as author John D.H
Downing points out, in the context of America, First Amendment absolutists have
awarded more speech by the rules of white American history, often demanding more
speech while denying and ignoring speech to black activists. In United States, free
speech has become a synonym of individual speech over collective speech, and of a
collective sphere over a multi-ethnic sphere.
However, how does this contrast with the contemporary perception of free speech of
a country that had a 40 years old dictatorial regime and that still preserves some of its
dictatorial legacy on its penal system and that recently imprisoned a rapper for
offenses against the crown?

1Black, H., Chen, H., James, J., Kurian, A., & Malik, S. (2019, March 19). A Roundtable on Free Speech.
Frieze. https://www.frieze.com/article/roundtable-free-speech

7
In this essay, I will analyze contemporary limitations of free speech in Spain based on
its dictatorial past; a country with a troubling dictatorial past and democracy that has
always had a very obvious blatant imbalanced share of ideological power throughout
its history with contemporary unequal power dynamics that can hardly be ignored. I
will analyze the defiance of censorship during Francoism through transgressive cinema
of Escuela de Madrid and Buñuel´s The Executioner and in contemporary examples of
censorship such as the cancellation of the exhibition El Soberano y La Bestia at MACBA.
Some important considerations regarding contemporary free speech in Spain are not
only the legacy of the dictatorial regime over freedom of expression and the
consolidation of the type of censored content then that still faces censorship today,
but the legacy of La Transición and the democratic Constitution of 1978 which included
the figure of the monarchy and made it a crime to insult or offend the monarch and
the 23F Coup in 1981 which rendered the figure of the monarch as the savior of
democracy. The protections of the monarchy during La Transición have highly
impacted contemporary usage of free speech to “offend” the monarchy such as the
mediatic case of Pablo Hasel.

The Dictatorship in Spain: The Artistic Censorship

Francoist dictatorship (1939-1975) backed by the Catholic Church established strict
rules over the content that could be disseminated, from the indoctrination of young
women in La Sección Femenina2, the cinematographic display of EL NO-DO3 to the
structures set up in place to control and filter the press. In the cinematographic
industry, every content had to undergo the censorship of the state and the catholic
church, which had the right to alter sequences, cut dialogues, eliminate frames
etc4.The main preoccupations for censors were to prohibit everything contrary to
catholic values, anything that could create social outburst or that showed indecorous
conducts, provocative clothing, sexual relationships or the human body5. The regime
viewed cinema as an educative and recreative tool, regarding the people through
paternalizing eyes. While some movies were completely banned to avoid partial
censorship, other movies had remarkable plot and dialogue changes such as the case
of El Ídolo de Barro, where they transformed the husband of the main character into
her dad to avoid the infidelity6. Regarding homosexuality, censors described it as
“sexual aberration”, “inversion” and under the fear that some men would change their
sexual orientation, they even categorized Tarzan´s Greatest Adventure for overage
adults. However, Alfredo Alaria, a gay dancer and actor who had always been on the
closet was able to defy the censorship in the movie Diferente, a movie that under its
unoffensive musical appearance, it explored homosexuality and homoerotic desire.
In 1947, La Escuela de Cine de Madrid at the Universidad Complutense was created.
This innovative and outspoken cinema school often referred by Franco as “nido de
rojos” (red nest, referring to socialists identified with the color red) produced

2 The feminine ramification of the Falangismo that educated women on how to be good wives aligned
with Catholic values
3 NO-DO was a propagandistic and state-controlled series of newsreels produced during the Francoism
4 Ávila Bello, A., 1997. La censura del doblaje cinematografico en España. Barcelona: CIMS, pp.28-25.
5 Montejo González, A., 2010. Sexualidad, psiquiatría y cine. 1st ed. Barcelona: Glosa, p.79.
6 Cine y Franquismo-Algunos aspectos relativos a la censura en el doblaje, Ivana Vence Barrios, page 16.

8
controversial and pioneers feminist films such Margarita y el Lobo by Cecilia Bartolomé
or Antes del desayuno by Carlos Saura. These movies offered a lot more space for
experimentation and transgression because they were created within the
confinements of the school, because they weren´t made to be exhibited to
mainstream audiences. “They are films that are freer, more radical, that touch on
themes that commercial cinema could only touch tangentially”says film critic Asier
Aranzubia7. This artistic safe heaven became one of the first opposition hubs to
Francoism. In 1955, one of the first student protests against the dictatorship resulting
in the arrest of two students. However, even if this school was deemed as “nido de
rojos” or “pornographic”, it did not become a significant concern to the Francoism.
These small transgressive and radical productions were not watched by mainstream
audiences; those who watched were already “radicalized”. The preoccupation of the
censorship was rather that hidden reactionary messages were included in
constumbrist and popular comedies. However, in 1964, the director of Escuela de Cine,
José María García Escudero manages to pass a new film law where mainstream
productions could incorporate school graduates without being cut by the censorship
thanks to a grant shoot. This new relaxation was convenient for Franco as a way to
portray an image of normality and openness in international film festivals to uplift and
brand Spanish culture and to legitimize a dictatorial regime.
Berlanga was probably the most representative filmmaker that confronted the
Francoism. His satirical style commented on the domestic values of Spanish society
and criticized USA imperialism (Bienvenido Mr Marshall, 1953), the hypocrisy of the
Catholic church (Plácido, 1961) or the values and characteristics of the dictatorship
(The Executioner, 1963). It was in fact his movie El Verdugo (The Executioner) one of
the most exceptional examples of movies that were able to defy the censorship. El
Verdugo8 is a black comedy film considered one of the best allegations against the
death penalty and a satirical recreation of the contradictions of Francoist Spain. The
movie doesn´t have explicit dialogues that can be politically “inadequate”, however
the last scene where José Luis is being dragged against his will to comply with his role
as the executioner, seemingly flipping roles with the victim satirically embodies the
absurdity and incoherence of Francoist institutions and paints the figure of the
executioner as a victim of the system. In fact, the movie is inspired by the death
sentence of the communist leader Julián Grimau and when the movie won the
FIPRESCI Prize at the Venice Film Festival, the Spanish ambassador in Italy criticized the
film as “communist”. Berlanga´s Plácido wasn´t as lucky and the censorship forced the
filmmaker to change its original title “Sit a poor at your table”.
However, what might be even more surprising is Jose Luis García Berlanga´s,
Berlanga´s son, declarations in 2017 claiming that his father couldn´t have made

7 Blanes, P., 2021. "Nido de rojos" o "pornografía": la escuela franquista de cine que burló la censura.
[online] Cadena SER. Available at
https://cadenaser.com/programa/2021/01/30/el_cine_en_la_ser/1611998449_343644.html
8 The movie narrates the story of Amadeo, an executioner who meets José Luis, a funeral parlor

employee who cannot find a girlfriend because women are repulsed by his job. José Luis bonds with
Amadeo´s daughter who cannot find a boyfriend either because all men are repulsed by his father´s job
and they start dating. Amadeo hopes the government will give him a flat since he is a civil servant,
however they refuse because by the time he would get the flat, he will be already tired. They then trick
José Luis into accepting the job of the executioner, which he is horrified by, claiming that he wouldn´t
have to kill anybody.

9
Plácido or the Executioner today “Today, oddly enough, capitalist tyranny is more
extreme than under Franco or post-Franco; today censorship is more sophisticated”9.
Such allegations resonate with Bauman´s theory of liquid modernity where late stage
capitalism in democratic times can be even more voracious, more diluted and harder

to
The Executioner, 1963, Luis García Berlanga
grasp, where rules are less clear, less perceptible and where control is more invisible,
more sophisticated, more strategic and more hidden. Spanish democracy might be
perceived as a safer, fairer and freer regime blinding and negating the inherited
dictatorial structures and the concerns over free speech behind the comfort of a
democratic façade.
However, it is remarkable to point out that as much as there were genuine artists such
Berlanga who were able to defy the censorship through creative subtle narratives,
there were corruptive and questionable ethical methods to defy the censorial
bureaucracy as exemplified by the director of Escuela de Cine, José María García
Escudero and other cultural examples explained by Contemporary History doctor
Gabriela Lima de Grecco in the essay Burlando la censura franquista ¿Corrupción o
Resistencia?10
Because of the limitations of this essay, I won´t expand much further into the censorial
bureaucratic process. Grecco identifies seven clear methods of defying censorship,
divided in both external and internal factors: emotional appeal, artist projection,
bribery, internal protection; and changes in the original work, introduction of language
adaptation. The reason why I mention Grecco´s thesis is not only as a
counterargument to the idealized purity of resisting the censorship but as a further
analysis to understand Berlanga´s son´s words on the different dynamics of past and
contemporary censorship. While censorship in the past looked more violent and strict,
it also had more clear guidelines that were easier to understand, grasp and hence
subvert. This consolidation and solidification of censorial norms favored artists´
understanding of their enemy, creating awareness of the magnitude of what they

9El Diario. (2017, January 16). Berlanga hoy no podría haber hecho ni “Plácido” ni “El verdugo”, dice su
hijo. ElDiario.es. https://www.eldiario.es/cultura/berlanga-podria-hecho-placido-
verdugo_1_3637448.html

10Lima Grecco, G., 2016. Burlando la censura franquista: ¿Corrupción o resistencia?. I CONGRESO
INTERNACIONAL DE HISTORIA DE LA CORRUPCIÓN POLÍTICA EN LA ESPAÑA CONTEMPORÁNEA (SIGLOS
XIX - XXI). Universitat Autonoma de Barcelona. Pgs 2-5

10
confronted and teaching them the rules of the game. However, as Berlanga’ s son
pointed out, today´s internet censorship is more imperceptible, unknown, liquidified
and unpredictable making it much harder to defy.

The Spanish Transition and Its Consequences for Contemporary Free Speech
The Spanish Transition (1975-198211) is known as the transitional period from the
dictatorship after Franco´s death into a democratic monarchical parliamentary system.
The Transition has often been praised by its peaceful and diplomatic nature and its
negotiating efforts for unification and peace preservation, and as the epitome of the
embodiment of these efforts, the image of the monarch Juan Carlos I emerged as a
neutral and paradoxically a democratic figure. However, a certain level of skepticism
and criticism countering the idealized narrative of the Transition started in the late
1970´s and has increased across contemporary generations.12 One of the most iconic
sentences that some people felt perfectly summed up the Transition was Franco´s
“Atado bien atado (Tied, well tied)”in his 1969´s Christmas discourse, referring to his
manoeuvres to maintain the same political system after his death, especially his
deliberate training and choice of Juan Carlos to be the representative of all Spaniards.
That sentence has echoed the disenchantment of the Transition and served as a model
to criticize the myth of the democratic peaceful transition. The Transition is key to be
understood as a consequence of its historical precedent, the dictatorship, and as a
means to understand contemporary obstacles to free speech and censorship in art in
Spain today. While it is impossible to include all the extensive implications and political
analysis of the Transition in this essay, I´ll focus on the figure of the monarch and its
protections under the Constitution of 1978 and the Organic Law of 1995 and its
implications for free speech in contemporary art.
The Constitution of 1978 already recognized the figure of the monarchy and its
inviolability and the article 56 already establishes the monarch as the Jefe del Estado
Español (Chief of the Spanish State) and estates his inviolability “La persona del Rey es
inviolable y no está sujeta a responsabilidad (The persona of the King is inviolable and
it´s exempt from responsibility)” This protections guaranteed under the highest legal
document of the State endowed the monarchy a social perception of stability,
democracy, institutionalism, safety, false impartiality and reliability. The attempted
Coup of 1981 was a further opportunity for the monarch to stop the Coup, side with
democracy and protect the Spanish people, that is the extended narrative written in
history even though historians such as Roberto Muñoz or Alfonso Pinilla are skeptical
on how the role of the king that day is socially portrayed13

11 There isn´t a consensus on when did the Transición ended, the most vast majority situate its end on
1982 when the first elections are won by PSOE (Partido Socialista Obrero Español) and the moment in
which Unión Centro Democrático (UCD) ceases to govern, party that leaded the transition to a
democratic regime. However the end is estimated within 1977 up until 1986
https://es.wikipedia.org/wiki/Transición_española#Delimitación_del_per%C3%ADodo
12 Pasamar, Gonzalo. “Los relatos escépticos sobre la Transición española : origen y claves políticas

interpretativas...” Open Editions Journal, 1 June 2018, jhttps://journals.openedition.org/framespa/4738

13Tomás, Nicolas. “El papel del Rey el 23-F: un relato oficial con muchas sombras.” ElNacional.cat, 22
Feb. 2021, www.elnacional.cat/es/politica/golpe-estado-23f-rey-juan-carlos-
sombras_584673_102.html.

11
This orchestrated sense of social safety under the figure of the monarchy as the
peacekeeper or democracy saver during the Coup served really well as a counteract to
grant more protections and facilitate power accumulation. In 1995, the Organic Law of
the Penal Code in its Título XXI Crimes against the Constitution in its Chapter II includes
Crimes against the Crown where it establishes in the articles 490 and 491 that any
calumnies or insults could result in a sentence of 4-20 months of jail time for mild
offenses and from 6 months to 2 years for serious offenses.14 This has posed
innumerous challenges to contemporary free speech especially in the cultural and
artistic sectors.
One of the most blatant cases of censorship in contemporary art in Spain was the
cancellation of the exhibition La Bestia y el Soberano at the MACBA (Museo de Arte
Contemporáneo de Barcelona) by its director Bartolomeu Marí after the commissaries
Paul Preciado and Valentín Roma refused to remove the piece Haute couture 04
Transport by artists Ines Doujak and John Baker15. The work represents the former
king Juan Carlos being ridden by an indigenous woman inspired by the Bolivian
feminist leader Domitila Barros and ridden by a dog. The work meant to represent the
troubling history of Spanish colonization in the Americas legitimized by the figure of
the monarchy as a symbolic representation of Eurocentric domination and colonialism
was deemed offensive against the figure of the monarchy possibly constituent of a
crime included in the Organic Law of the Penal Code. The show was cancelled before it
even opened generating massive protests against the museum, not only from artistic
sectors.
The cancellation of the show is surprisingly ironic for two reasons. On the one hand,
the cancellation of the exhibition perfectly exemplified the content of the exhibition.
The exhibition takes the title of the last seminar given by Jacques Derrida in 2002-
200316. The beast and the sovereign embody, for the French philosopher, the two
allegorical figures who have historically placed themselves beyond the law: the
ignorant beast of law and the sovereign whose power is defined by his ability to alter
the law. This division produces a series of binary oppositions of gender, class, species,
sexuality, race or disability that create relationships of domination. On the one hand,
the beast as animality, the slave, the colonial site, the non-white subject, the
abnormal. On the other, the sovereign representing the human, God, the State, the
white subject and the sexually normality. The exhibition explores how contemporary
art practices challenge the idea of government sovereignty and concept of the political
state. Hence, the cancellation reaffirms and confirms the role of art as a radical
weapon of transgression and emancipation (beast) against the political and sovereign
state and it reaffirms the role of the state as sovereign emphasizing this binary and this
power dynamic.

14 Ley Organica 10/95 de 23 de Noviembre del Código Penal. Jefatura del Estado «BOE» núm. 281, de 24
de noviembre de 1995 Referencia: BOE-A-1995-25444. https://www.boe.es/buscar/pdf/1995/BOE-A-
1995-25444-consolidado.pdf
15 Bosco, Roberta. “El rechazo de una escultura en el Macba desata polémica y protestas.” EL PAÍS, 18

Mar. 2015, elpais.com/ccaa/2015/03/18/catalunya/1426673784_712875.html

16Derrida, Jacques, and Geoffrey Bennington. The Beast and the Sovereign, Volume II (The Seminars of Jacques
Derrida). Reprint, vol. II, University of Chicago Press, 2017.

12
On the other hand, it is specially surprising an institution in Barcelona, in Catalunya, a
territory in Spain that has reclaimed its independence for years and rejected any form
of Spanish political, cultural or social symbolism and some of its regional politicians
have been even imprisoned for defying Spanish sovereignty could censor La Bestia y El
Soberano. My interpretation is either that the figure of the monarchy is so overly
protected in the Penal code that it is easier to question the sovereignty of the Spanish
nation state before questioning the legitimacy of the monarchy or that the very poorly
resolved, often unquestioned, rarely discussed and always unchallenged Spanish
uncomfortable colonial history is a much harder topic to reconcile and address in the
Spanish social imaginary. Or both.

Haute Couture 4 Transport, part of the project Loomshuttles/Warpaths’, Ines Doujak

and John Baker, 2010 exhibited at the MACBA in 2015

This is not by any means the only controversial example regarding censorship of free
speech. In 2020, the organization Freemuse presented the report The State of Artistic
Freedom 2020 analyzing 711 acts of violations of artistic freedom that took place in
2019 in 93 countries, where out of the 71 artists imprisoned in 16 different countries
Spain is at the top of the ranking with 14 prisoners17. Other recent controversial cases
threatened by free speech for offenses against the crown include the mediatic case of
the rapper Pablo Hasel18 who had been recently imprison, not only for twits and lyrics
against the crown but also in support of ETA terrorism19 among other things. Hasel´s
imprisonment sparked protests around the entire country with the support of human
rights organizations such as Amnesty International. His troubling, complex and
controversial list of twits and lyrics some just calling for the end of the capitalist system
and the abolishment of the monarchy with a use of violent figurative speech and
others supporting terrorist organizations such as ETA or GRAPO (both no longer active)
has generated debates on the limits of free speech, especially by conservative groups,
17 “State of Artistic Freedom in Spain.” © European Union, 2020 - Source: European Parliament, 28 Sept.
2020, www.europarl.europa.eu/doceo/document/P-9-2020-002637_EN.html#def1.
18 LÓPEZ-FONSECA, |ÓSCAR, and CARLOS E.CUÉ. “After Rapper Pablo Hasél Gets Jail for Tweets, Spain

Plans to End Prison Terms for Crimes Involving Freedom of Speech.” EL PAÍS, 10 Feb. 2021,
https://english.elpais.com/spanish_news/2021-02-10/after-rapper-pablo-hasel-gets-jail-for-tweets-
spain-plans-to-end-prison-terms-for-crimes-involving-freedom-of-speech.html
19 Ormazabal, Mikel Luis Aizpeolea. “ETA Releases Statement Announcing Its Complete Dissolution.” EL

País, 3 May 2018, https://english.elpais.com/elpais/2018/05/03/inenglish/1525349131_830131.html

13
and the double-sided unbalanced justice system. Many have questioned why a Nazi
group “Marcha Azul” that reproduced antisemitic messages and did the Nazi salute
haven´t been arrested. Or why people that came to El Valle de Los Caídos where
Franco used to be buried with Francoist flags and fascist iconography weren´t neither
arrested, even though according to the Law of Historic memory, Francoist imagery or
discourse is illegal. Or why the person that sent bullets by mail with life threatening
messages to several leftist politicians hasn´t been arrested yet. Hasel´s case, as much
as some of his twits are insensitive, horrendous and unacceptable and should be
indeed punished, demonstrates the ideological affiliation of the judiciary and the
political inheritance of the dictatorship and La Transición in the Spanish legal system.
Now some parliamentary groups are aiming to make reforms in the penal code
claiming some articles criminalize free speech and that “these are articles of the penal
code whose influence stems from the [Franco] dictatorship, and thus have no place in a
democratic and plural system”20.

Conclusion
In the essay, I analyze the effects of Francoist dictatorship and subsequently La
Transición that inherited many elements from its dictatorial past over Spanish
contemporary free speech through a contemporary analysis of Berlanga´s The
Executioner and the exhibition El Soberano y La Bestia at MACBA. In this essay, I
demonstrate that how the poorly resolved Francoist dictatorial past along with the
inherited monarchical structures from La Transición have contemporary impacts and
pose numerous challenges to free speech in contemporary art. In Spain, political and
cultural institutions display an unequal spread of ideological tendencies protecting free
speech for conservative speech in detriment to left leaning discourse and activism. It is
remarkable that censorship has not only existed during Francoism but its rules and
dynamics have changed. While censorship in the past was more clear, specific and
perceptible or in Bauman´s terms, solid; censorship today is rather more invisible,
sophisticated, tactical and hidden.
The historic criminalization of the free speech of socialist and progressive related
content by conservative institutions since the beginning of the dictatorship and the
inheritance of these structures in the legal codes and democratic institutions through
La Transición, added to the protections guaranteed to the figure of the monarch as a
neutral symbol, have evidenced an unequal historical spread and share of ideological
power. Hence, it has created an unequal impact on the institutional frame, making it
impossible for the right wing to reclaim free speech or co-opt it in a social sphere
because they have always possessed it and their right to free speech has never been
oppressed, way the opposite, their right to free speech and to hate speech is protected
under the legal codes.

Bibliography

20Unidas Podemos on the penal code. LÓPEZ-FONSECA, |ÓSCAR, and CARLOS E.CUÉ “After Rapper Pablo Hasél Gets Jail for
Tweets, Spain Plans to End Prison Terms for Crimes Involving Freedom of Speech.” EL PAÍS, 10 Feb. 2021

14
· Ávila Bello, A., 1997. La censura del doblaje cinematografico en España. Barcelona:
CIMS, pp.28-25.
· ElDiario.es. 2017. Berlanga hoy no podría haber hecho ni "Plácido" ni "El verdugo",
dice su hijo. [online] Available at: https://www.eldiario.es/cultura/berlanga-podria-hecho-
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Speech. [online] Frieze.com. Available at: https://www.frieze.com/article/roundtable-
free-speech [Accessed 11 April 2021].
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ml [Accessed 11 April 2021].
· Bosco, R., 2015. El rechazo de una escultura en el Macba desata polémica y protestas.
[online] EL PAÍS. Available at
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April 2021].
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Agente Provocador. [online] Agente Provocador. Available at:
http://www.agenteprovocador.es/publicaciones/alfredo-alaria-el-bailarin-diferente-que-
burlo-la-censura-franquista [Accessed 11 April 2021].
· Cornella Detrell, J., 2015. La persistencia de la censura franquista durante el periodo
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